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KIPIN INDUSTRIES, INC. v. VAN DEILEN INTERN., INC.

No. 98-1277.

182 F.3d 490 (1999)

KIPIN INDUSTRIES, INC., Plaintiff-Appellant, v. VAN DEILEN INTERNATIONAL, INC.; United Fidelity Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 9, 1999.

Attorney(s) appearing for the Case

Irwin M. Alterman (argued and briefed), Kemp, Klein, Umphrey & Endelman, Troy, MI, for Plaintiff-Appellant.

Gary H. Cunningham (argued and briefed), Strobl & Borda, Bloomfield Hills, MI, for Defendants-Appellees.

Before: JONES, SUHRHEINRICH, and MOORE, Circuit Judges.

KAREN NELSON MOORE, Circuit Judge.

The question presented in this appeal is whether a lien-waiver provision in a contract between Plaintiff-Appellant Kipin Industries, Inc. ("Kipin") and Defendant-Appellee Van Deilen International, Inc. ("VDI") is enforceable. We hold that it is. Although the express waiver would be void under the substantive law of Michigan, which the parties selected to govern the contract, the waiver is...

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